My apartment complex manager entered my apartment without giving any notice while I was at work, told a friend that she specifically said could stay there until he found his own apartment to get out and served him with criminal trespassing papers, told him to never be near the apartment complex, refused to let him come back to get his stuff, went into the apartment again; with NOBODY AT ALL there, refused to put in writing her agreement to let him stay as long as he needed to; claiming; "I will not put this in writing so I cannot get in trouble if I decide to kick him out." I believe she planned to this from the beginning. They called me at work and I almost got fired over it, called twice actually; the first time she stated there were three people there that she kicked out, the second time stating there were only two people kicked out, went in around 10 am, didn't call me until after 1 pm, second time was after 2 pm, she breached the lease by entering 1. without any notice, 2. when nobody was there at all; (they could have taken anything I own and nobody would have known until I got home, still haven't because I'm looking for legal help at library.) and 3. refused to acknowledge my complaints about other tenants blasting gospel music at 2 am, keeping me awake when I have to get up at 7 am to ride a bicycle to work at 9 am. Is there anything at all I can do about this B.S.? Please help soon or I may be without a home soon.

RickJ

Yes, it is unlawful to enter your apartment without at least a 24-hour notice unless it is an emergency.

re the noise complaints, call the cops when it happens. You can do so anonymously. You really don't have a cause of action against him on this one.

Re the people he "kicked out", I think he's definately overstepping his bounds. It may very well be that he considers them "unauthorized occupants", but his remedy for that would be to serve you a notice of eviction, not go into your apartment.

Has he given you a notice of eviction? If so, what are the grounds (that must be stated for it to be legal)?

If I were you I'd call your state attorney general and lodge a complaint about his entering your apartment without notice.

Most of what you describe seems more like his being a jerk than his "breaking the law" (except for entering your apartment), so if it were me, I'd definately get the Attorney General on him, but also look for another place to live - unless you're in a Lease. If you are, maybe you could use the AG complaint as leverage: offer to not file if he'll release you from the Lease in writing.

ScottGem

Did you check the lease and make sure of its wording? The manager may actually have the right to enter your apartment. If its not in the lease, then change the locks (unless that is prohibited as well). If they go after you they will have to explain why they entered the apartment.

Did you contact the complex owner. The manager is just their employee and their actions may be without the knowledge or consent of the owners. If the mgr is violating the lease, then they would be liable for his actions so they will want to know.

There is also an element of incompleteness in your story. You mention there being 3 and 2 people in the apartment. It wasn't clear whether the manager was just saying this or there were actually that number. But it begs the question of why were there so many hanging out during the day. I'm envisioning a number of possibilities as to why the manager is trying to get rid of these people, that would be justified.

RickJ

I don't agree. A tenant cannot give up his rights by language of a Lease. Even if the lease says he may enter at his whim, it is not enforceable - and still unlawful if your State Landlord-Tenant laws give you that right. What state are you in?

I agree.

ScottGem

I didn't say the lease would allow entering at whim. But it might allow entering under certain circumstances. I'm not saying this is the case here but I can think of several circumstances that might allow the entrance. If there was increased traffic into the apratment, that might have been indicative of drug or prostitution activity. Maybe smoke seeping out from drug use. Other possibilities exist. My point, is that the manager might have been within their rights under the lease.

I just don't think we know enough about the whole story here.

RickJ

Scott is right to point out the complications. Whatever the law allows for as far as entering without notice goes, then the landlord could argue that he deemed that the situation allowed him...and of course the only way to get a legal opinion on this is to take him to court...which is an expensive and iffy venture.

If you lose, you're out alot of money.

What state are you in so we can check the Landlord-Tenant law on it.

unclejohnny

I live in Kentucky. She had agreed to let a friend who just turned 18 at the end of March stay until he could find an apartment of his own, and every once in a while another friend of ours would spend one night there. As to the smoke seeping out, the only smoke that ever seeped out is cigarette smoke, and the occasional cooking smoke. When she agreed to let him stay, I requested to have that put into writing, and she refuse, stating; "I will not put this agreement in writing so you cannot get me in trouble if I decide not to let him stay at a later date." I believe she was planning on throwing him out to live on the streets as soon as I heard that remark. She stated she kicked three people out the first time she called, then changed her story to only TWO people being kicked out, sounds like a discrepency, maybe even outright LIE!

LisaB4657

You really need to find a new place to live. This landlord is going to continue to make you miserable and she obviously can't be trusted. Start looking for a new place and in the meantime start creating some paper about your complaints. Send a certified letter to the landlord stating that you have repeatedly complained about the neighbors playing loud music in the middle of the night and the fact that she has done nothing about it. Send another certified letter complaining about the landlord entering the premises without advance notice to you. Then when you find a new place to live and she tries to keep your deposit you can file a lawsuit against her, claiming that she constructively evicted you by her actions.

unclejohnny

I have sent an Email to the Ky Atoorney General, will add more depending on what he Emails back. I will be looking for another apartment as soon as I get off from work tomorrow. Thank you

Debra

Kentucky Revised Statutes (KRS) Chapter 383.00:

Kentucky Revised Statutes


SOME Relevant Statutes:

KRS § 383.545 Definitions.

. . .

(11) "Rental agreement" means all agreements, written or oral, and valid rules and regulations adopted under KRS 383.610 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

[NOTE: Based on the facts provided, it appears that the landlord (via the landlord's agent, the apartment complex manager) agreed to an ORAL modification of the existing rental agreement to extend the rights of possession, use and occupancy to your friend until such time as your friend found another apartment. It could reasonably be argued that your friend was not merely a lawful guest in your leasehold estate, but rather a tenant entitled to possession in his own right.]

* * *

KRS § 383.590 Possession of premises.

At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and KRS 383.595. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in KRS 383.695(4).

[NOTE: Inasmuch as your friend was either a tenant in his own right entitled to possession of the leasehold estate or a lawful guest in your leasehold estate pursuant to your oral agreement with the landlord (via the landlord's agent), it does not appear that your friend was "wrongfully in possession."]

* * *

KRS § 383.615 Access.

(1) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

(2) A landlord may enter the dwelling unit without consent of the tenant in case of emergency.

(3) A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two (2) days' notice of his intent to enter and may enter only at reasonable times.

(4) A landlord has no other right of access except:

(a) Pursuant to court order;
(b) As permitted by KRS 383.665 and 383.670(2); or
(c) Unless the tenant has abandoned or surrendered the premises.

[NOTE: Unless your landlord can establish that a bonafide emergency existed (e.g., a fire) or explain why giving notice was impracticable [e.g., that you couldn't be found to give notice] when he entered your leased premises on two occasions, your landlord was required by law to give you two days notice.]

* * *

KRS § 383.655 Tenant's remedies for unlawful ouster, exclusion or diminution of service.

If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three (3) months periodic rent and a reasonable attorney's fee. If the rental agreement is terminated, the landlord shall return all prepaid rent.

[NOTE: If your friend can reasonably argue that he was entitled to the possession, use and occupancy of the leased premises pursuant to an oral agreement, then your landlord's decision to exclude him from the premises may be an unlawful ouster entitling your friend to damages.]


* * *

KRS § 383.700 Remedies for abuse of access.

(1) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages and reasonable attorney's fees.

(2) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages and reasonable attorney's fees.

[NOTE: It is apparent that this situation has caused you considerable distress and turmoil almost caused you to be fired from your job. If your landlord made an unlawful entry, the law allows you to seek an injunction preventing your landlord from doing this again or terminate your rental agreement and (in either case) to recover your damages, e.g., actual damages include pecuniary damages for the costs to move, etc., and perhaps even nonpecuniary damages for emotional pain, suffering, inconvenience, mental anguish, etc.]

* * *

Although your description of your problem was not entirely clear, the part of your post that confuses me the most is your statement: "My apartment complex manager . . . served him with criminal trespassing papers. . . ."

This makes no sense to me. A criminal proceeding is a STATE action. A criminal proceeding is not commenced by the service of papers on an alleged offender by a private citizen. Please clarify what your statement means--perhaps you can tell us exactly what the papers said.